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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Tax Disclosure
INCOME TAXES
The provision (benefit) for income taxes from continuing operations for the years ended December 31, 2013, 2014 and 2015 consisted of (in thousands): 
 
Year Ended December 31,
 
2013
 
2014
 
2015
Current:
 
 
 
 
 
U. S. federal provision (benefit)
$
(672
)
 
$
1,188

 
$
9,840

State provision (benefit)
(522
)
 
772

 
862

Total current provision (benefit)
$
(1,194
)
 
$
1,960

 
$
10,702

Deferred:
 
 
 
 
 
U. S. federal provision
$
8,708

 
$
5,117

 
$
1,928

State provision (benefit)
1,731

 
178

 
1,107

Total deferred provision
$
10,439

 
$
5,295

 
$
3,035

Total income tax provision
$
9,245

 
$
7,255

 
$
13,737


A reconciliation of taxes from continuing operations calculated at the U.S. federal statutory rate to those reflected in the Consolidated Statements of Operations for the years ended December 31, 2013, 2014 and 2015 is as follows (in thousands): 
 
Year Ended December 31,
 
 
2013
 
2014
 
2015
 
 
Amount
 
Percent
 
Amount
 
Percent
 
Amount
 
Percent
 
Federal statutory rate
$
8,284

 
34.0

%
$
7,719

 
34.0

%
$
12,105

 
35.0

%
Effect of state income taxes, net of federal benefit
1,462

 
6.0

 
831

 
3.7

 
1,618

 
4.7

 
Effect of non-deductible expenses and other, net
(633
)
 
(2.6
)
 
583

 
2.6

 
155

 
0.4

 
Change in valuation allowance
132

 
0.5

 
(138
)
 
(0.6
)
 
(141
)
 
(0.4
)
 
Reduction for tax year 2011 federal audit

 

 
(1,740
)
 
(7.7
)
 

 

 
Total
$
9,245

 
37.9

%
$
7,255

 
32.0

%
$
13,737

 
39.7

%

On August 1, 2014, we received notification that the IRS completed its examination of our tax year ended December 31, 2011. As a result, we have re-measured our tax liability for unrecognized tax benefits reflecting a reduction to our liability by $7.3 million. This change resulted in a tax benefit recognized in the amount of $1.7 million which reduced our effective tax rate for the year ended December 31, 2014. The remainder of the re-measurement resulted in an increase to Deferred tax liability in the amount of $5.6 million. Additionally, we recognized a credit to interest expense of $0.6 million related to the settled portion of the uncertain tax position.
The following table summarizes our unrecognized tax benefit as of December 31, 2014 and 2015 (in thousands):
 
 
December 31, 2014
 
December 31, 2015
Unrecognized tax benefit
 
$
515

 
$
814

Interest accrued on unrecognized tax benefits
 
$

 
$
44


 
The tax effects of temporary differences from total operations that give rise to significant deferred tax assets and liabilities at December 31, 2014 and 2015 were as follows (in thousands):
 
Year Ended December 31,
 
2014
 
2015
Deferred income tax assets:
 
 
 
Net operating loss carryforwards
$
2,735

 
$
2,132

Tax credit carryforwards
127

 
133

State bonus depreciation
1,513

 
993

Accrued liabilities and other
9,115

 
9,949

Amortization of non-compete agreements
815

 
897

Preneed liabilities, net
9,935

 
10,324

Total deferred income tax assets
24,240

 
24,428

Less valuation allowance
(330
)
 
(189
)
Total deferred income tax assets
$
23,910

 
$
24,239

Deferred income tax liabilities:
 
 
 
Amortization and depreciation
$
(43,441
)
 
$
(48,318
)
Convertible subordinated notes due 2021
(11,685
)
 
(10,184
)
Prepaids and other
(1,448
)
 
(1,436
)
Total deferred income tax liabilities
(56,574
)
 
(59,938
)
Total net deferred tax liabilities
$
(32,664
)
 
$
(35,699
)
Current deferred tax asset
$
3,750

 
$
4,257

Non-current deferred tax liabilities
(36,414
)
 
(39,956
)
Total net deferred tax liabilities
$
(32,664
)
 
$
(35,699
)

The current deferred tax asset is included in Other current assets at December 31, 2014 and 2015. The non-current deferred tax liability is disclosed on a separate line item on our Consolidated Balance Sheets.
We record a valuation allowance to reflect the estimated amount of deferred tax assets for which realization is uncertain. Management reviews the valuation allowance at the end of each quarter and makes adjustments if it is determined that it is more likely than not that the tax benefits will be realized. We recognized a net decrease of $0.1 million in our valuation allowance during 2015.
For federal income tax reporting purposes, we have no net operating loss carryforwards. For state reporting purposes, we have approximately $46.2 million of net operating loss carryforwards that will expire between 2016 and 2035, if not utilized. Based on management’s assessment of the various state net operating losses, it was determined that it is more likely than not that the we will be able to realize tax benefits on some portion of the amount of the state losses. The valuation allowance at December 31, 2015 was attributable to the deferred tax asset related to a portion of the state operating losses.
We analyze tax benefits for uncertain tax positions and how they are to be recognized, measured, and derecognized in financial statements; provide certain disclosures of uncertain tax matters; and specify how reserves for uncertain tax positions should be classified on the Consolidated Balance Sheets. We have reviewed our income tax positions and identified certain tax deductions, primarily related to business acquisitions that are not certain. Our policy with respect to potential penalties and interest is to record them as “Other” expense and “Interest” expense, respectively. The entire balance of unrecognized tax benefits at December 31, 2015, if recognized, would affect our effective tax rate. We do not anticipate a significant increase or decrease in our unrecognized tax benefits during the next twelve months.
We have unrecognized tax benefits for federal and state income tax purposes totaling $0.8 million as of December 31, 2015, resulting primarily from deductions totaling $1.6 million on federal and state returns. We have accounted for these unrecognized tax benefits by booking a FIN 48 liability.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):
 
Year Ended December 31,
 
2013
 
2014
 
2015
Unrecognized tax benefit at beginning of year
$
7,747

 
$
7,832

 
$
515

Reductions based on tax positions related to the prior year
(93
)
 

 

Reductions for tax year 2011 federal audit

 
(7,310
)
 

Additions based on tax positions related to the current year
209

 

 
299

Reductions as a result of a lapse of the applicable statute of limitations
(31
)
 
(7
)
 

Unrecognized tax benefit at end of year
$
7,832

 
$
515

 
$
814


The entire balance of unrecognized tax benefits, if recognized, would affect our effective tax rate. For the year ended December 31, 2015, we did not recognize any penalties, but we did recognize interest in our Consolidated Balance Sheets and our Consolidated Statements of Operations.
Our federal income tax returns for 2012 through 2014 are open tax years that may be examined by the Internal Revenue Service. Our unrecognized state tax benefits are related to state returns open from 2012 through 2015.